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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Toothfairy website error - Where do I stand


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I have a £400 loan with Toothfairy due tomorrow - Now I don't get paid until Wednesday 26th so am prepared to extend it for £72 as after this month I will never require their services again.

 

Anyway I went to the website, signed in, tried to submit the extension payment and...after going through the 'Visa secure code' stage it tries to redirect me to the TF website only to receive some form of SQL database error!

 

As far as I'm aware the funds haven't been taken as I haven't received an email to say they have, I actually have a feeling the transaction may have been declined by my bank as I was hoping they would allow the transaction to make my account slightly overdrawn as I won't have chance to pop to the bank with the £72 until tomorrow being Sunday today! But since I get this SQL error, I can't tell either way really!

 

So where do I stand legally if their website has an error? If I offer them the full £544 on Wednesday 2 days late how many fees will they slap on? I don't mind a small late fee but I will be very annoyed if they start throwing fees on left right and centre!

 

Thanks :)

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Also the last time I extended my loan I received a letter in the post shortly after stating I was 'overdue' and they were to default me if I didn't pay up sharpish!

 

The problem was they addressed this letter to "Mr (surname)" so my Dad opened it. Surely they breached guidelines by doing this!

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I don't know how toothfairy work, but email them now explaining that you do not have the money but that you can do pay all the money due on the 28th (i.e 472) . They will no doubt email you or call you today as the payment has failed. Just in case get the £72 into the bank asap and if they refuse the offer ask them to roll over the loan until friday. If I were you I would fight tooth and nail not to pay the £72. Also in you emal state that correspondance must be addressed to you and explain that another Mr .....also lives at the address. Keep all correspondence

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They haven't breached any guidelines on the letter, it is perfectly acceptable to send a letter to a Mr X without any initial in front. You are clutching at a straw there which will lead you nowhere. It isn't in the OFT Guidelines on Debt Collecting that letters have to be properly addressed to a specific person.

 

As far as the error goes, give them a call and see what they say. If they are playing games in that direction then you can complain to the company and give them 5 days to resolve the issue, if not then a complaint to the OFT, Trading Standards and the Advertising Standards Authority is in order.

 

Trading Standards are taking the line that the company should resolve any issue in 5 days (and this INCLUDES weekends) - after all they claim to be a 24 hour service don't they? If they leave it to day 5 to resolve any issue then you still inform TS and the OFT as they are taking the proverbial.

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OK, tried again this morning and nipped to the bank to ensure there was £80 clear funds in my accountThis time it let me 'extend' the loan for £72 and once I did that my loan status is now showing as owing them £472 so when I clear that on Wednesday I'll have paid the correct £544 which is the £400 plus one month interest.Is that correct? Presumably because I've 'extended' it for another two weeks they'll be moaning I actually owe them £616 but the website clearly shows I owe £472 after processing the rollover payment!

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Actually as you are paying it back before the two week extension you might find it is slightly less, but I wouldn't split hairs at this stage, see what happens when you repay the amount on Wednesday, you might want to phone them and say you did extend for two weeks and repaid a lot earlier so is there any refund? Don't fall for the '25% discount on the next loan' line.

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